The South Dakota Supreme Court is set to convene at the University of South Dakota in Vermillion with a packed schedule for their upcoming session. They are slated to hear arguments for nine cases, each with unique legal intricacies.
- Franken V. Smithfield Foods: The case centers around the workers’ compensation claim by the family of Craig Allen Franken, who tragically died of COVID-19 while employed by Smithfield Foods in Sioux Falls. The family contends that his death should be considered a work-related injury, entitling them to benefits. Smithfield Foods argues that South Dakota law does not provide a legal remedy for such a situation and that COVID-19 should not be classified as an “occupational disease.”
- State V. O’Neal: This case questions the acquisition and use of certain evidence, particularly the warrantless seizure of Michael O’Neal’s cell phone, who was found guilty on charges related to child pornography. The admissibility of data from O’Neal’s phone, showing engagement with child pornography content, is under scrutiny. The defense argues against its use, raising concerns about potential violations of O’Neal’s due process rights.
- State V. Richard: This case revolves around evidence presented at trial by the prosecution and whether the court acted within its discretion in allowing testimony related to the defendant’s alleged affiliation with the “Dark Side Family” gang. The case pertains to the death of Vernall Marshall in Rapid City in 2020, characterized as a fatal outcome of a drug deal gone awry. Elias Richard faces charges of first-degree murder and aiding and abetting first-degree robbery. Witness testimonies vary, raising questions about who pulled the trigger. Richard received a life sentence without parole.
The upcoming session is scheduled to run from October 3 through October 5